Is New Mexico a no-fault state?

No. New Mexico is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.

What is New Mexico's fault rule for a car accident?

New Mexico follows pure comparative fault. You can recover even if you were mostly at fault — your award is reduced by your share of fault.

How long do I have to file an injury claim in New Mexico?

In New Mexico the statute of limitations for a personal-injury claim is generally 3 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.

New Mexico · Injury claims

Car accident injury claims in New Mexico

In New Mexico, an injury claim runs through the at-fault driver's insurer — and how much you can recover turns on the state's fault rule, coverage minimums, and a filing deadline that's easy to miss. Here's what shapes an injury claim in New Mexico.

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New Mexico at a glance

Fault rule: Pure comparative fault
No-fault state?: No
Minimum liability coverage: 25/50/10 ($25K BI/person, $50K BI/accident, $10K PD/accident) per NMSA § 66-5-208 (parent framework § 66-5-205 Financial Responsibility Act). $10K PD floor is on the LOWEST tier nationally. UM/UIM mandatorily offered at BI-equal limits under § 66-5-215; MedPay optional.
Time limit for an injury claim: 3 years

How fault works in New Mexico

NM is a PURE comparative fault state, judicially adopted in Scott v. Rizzo, 96 N.M. 682, 634 P.2d 1234 (N.M. 1981), abandoning common-law contributory negligence. Plaintiff's recovery is reduced by the plaintiff's fault percentage with NO bar at any fault level less than 100% (a 99%-at-fault plaintiff still recovers 1%). Implemented by NM UJI Civil 13-2218 et seq.; reaffirmed in the UM/UIM context by Sloan (2004). Several liability for most defendants post-Scott (joint-and-several largely abolished; specifics unverified).

Paying for injuries in New Mexico

New Mexico has NO statutory PIP and is an at-fault state. MedPay is optional and policy-language dependent. PI recovery flows through (1) the at-fault driver's BI liability, (2) own MedPay if elected, (3) own UM/UIM if the at-fault driver is uninsured/underinsured, (4) own health insurance subject to subrogation/make-whole.

How Moe handles injury claims in New Mexico

Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to New Mexico’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.

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New Mexico injury claims — common questions

Is New Mexico a no-fault state?: No. New Mexico is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.
What is New Mexico's fault rule for a car accident?: New Mexico follows pure comparative fault. You can recover even if you were mostly at fault — your award is reduced by your share of fault.
How long do I have to file an injury claim in New Mexico?: In New Mexico the statute of limitations for a personal-injury claim is generally 3 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.

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All New Mexico accident-claim rules · Other states

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This page summarizes New Mexico’s car-accident claim rules for general information — it is not legal advice, and the rules can change. What applies to your claim depends on your policy and the specific facts.